UEC rejects practising section 74, 76 of Evidence Act

7 December 2020

1. The Tatmadaw True News Information Team released a statement on 30-11-2020, requesting the Union Election Commission for giving necessary instructions to the respective election sub-commissions to be able to copy the public documents from sub-commissions in accordance with Section 74 and 76 of the Evidence Act in reviewing the election processes with the aims to recognize, without any doubt, that the free and fair elections took place in the country.
2. In giving reasons for submitting complaints of voters from military units in some constituencies of regions and states, permits are being asked to copy the following documents from township sub-commissions in referring to the sections 74 and 76 of Evidence Act.
(a) Regarding advance votes outside constituencies at home/abroad
(1) Form 15: the form for eligible voters outside respective constituencies
(2) Form 1-3: List of eligible voters who are staying abroad with the approval of the government and applied for an advance vote by submitting Form 15
(3) Form 18: List of votes for Hluttaw candidates in the advance vote, sent by eligible voters outside constituencies
(4) Form 17(a): Rejected votes
(5) Receipts for advance ballots

(b) Regarding votes on 8 November
(1) Form 1: Hluttaw election voter lists
(2) Form 16: Votes for Hluttaw candidates
(3) Form 16 (1): Unused ballots
(4) Voter lists used in polling stations
(5) Unused ballots and receipts
(6) Form 17: Rejected votes

(c) Advance votes in person in the constituency
(1) Form 13: Lists of advance votes in respective constituencies
(2) Form 16: Votes of Hluttaw candidates
(3) Rejected votes
(4) Receipts for advance votes
3. The Northern Command also asked to the Kachin State Election Sub-commission on 29-11-2020 for 11 kinds of election documents, including voter lists at 127 polling stations concerning with their military units, with the reason to keep the documents for the record.
4. The original voter lists were no more kept at the township election sub-commission after the elections. According to section 86(b) of respective Hluttaw election rules and regulations, the voter lists and election documents are kept by the sub-commissions of respective self-administered division and zones or districts. The original voter lists are packed with the seal in line with the rules. Moreover, the Hluttaw election laws and bylaws do not stipulate that requests for a copy of election document shall be allowed.
5. Section 1 Application of Act’ in Evidence Act stipulates that ‘This Act applies to all judicial proceedings in or before any Court, including Courts-martial, other than Courts-martial convened under Act relating to the Army, Navy or Air Force.Section 78 of the election laws mentioned that the election tribunal should apply provisions of Evidence Act only when inspections are made on electoral complaints. The tribunal of the Union Election Commission shall apply provisions of Evidence Act in inspecting electoral complaints. It does not define ‘must apply’.
6. Therefore, the Union Election Commission has refused to issue unlawful directives to the respective election sub-commissions as requested by the Tatmadaw True News Information Team.

Union Election Commission

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